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The implications could extend well beyond companies already established in other areas of gaming.

“You shouldn’t necessarily need 100 people and millions of euros of infrastructure to have a great idea and turn it into a successful slot,” Curwen says.

Lower barriers to entry could significantly widen the pool of potential game creators. Curwen sees opportunities not only for established and emerging studios, but for operators, suppliers, entrepreneurs and potentially entirely new entrants.

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The report also cites brands targeting a specifically banned vertical or product within a jurisdiction as driving black market activity. While markets across Europe have many examples, one such flagged in the report is that iGaming remains illegal for licensed operators in France.

“The largest black market operators have scaled to create recognisable brands with traffic that can compare to domestically licensed operators,” the report’s authors wrote. “The top group of sites by common owner has a 12% share of traffic, while the largest single brand has 10%.”

Beyond offering crypto payment solutions, a number of black market operators are licensed in “light touch” offshore jurisidictions which use opaque offshore operating structures to help to obscure company ownership and make local enforcement against these companies complex, the report noted.

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“If the tax burden alone makes it impossible to establish the occupation of slot machine operators as the economic basis of one’s livelihood within the municipality,” the ruling said. 

Braun also argued that the public had been excluded from the preparatory finance committee meeting without justification.

But the court said that point did not affect the validity of the by-law, adding that it saw no evidence of a tax that would choke businesses.